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Fourth Department — Child Support: Barton v. Barton

Appellate Division, Fourth Department

Child Support

Income Disparity — Prior Agreement

Barton v. Barton
CAF 13-00708
Appealed from Family Court, Onondaga County

Background: The respondent father appealed from an order granting the petitioner mother an upward modification of child support. The parties’ separation agreement included a clause wherein they had the option of commencing an award modification proceeding should either party’s income increase or decrease by 25 percent. The father argued that the mother should have demonstrated a decrease in income before his increase in income was considered.

Ruling: The Appellate Division affirmed. The court held that the amount of the award was appropriate as the mother was directed to pay her pro rata share of the children’s private school tuition moving forward. Further, her contribution was not negligible given the vast disparity between in income between the parties.

Cynthia Feathers for the respondent-appellant